Conrad v. Eaton Corp.

Page 987

303 F.Supp.2d 987

Dean E. CONRAD, Plaintiff, v. EATON CORPORATION, Defendant.

No. CO2-4111-MWB.

United States District Court, N.D. Iowa, Western Division.

February 17, 2004.

COPYRIGHT MATERIAL OMITTED

David A. Scott, Cornwall Avery Bjornstad Scott, Spencer, IA, for Plaintiff.

G. Ross Bridgman, Mark A Knueve, Vorys Sater Seymour & Pease, Columbus, OH, Maurice B Nieland, Rebecca A. Nelson, Rawlings, Neiland, Probasco, Killinger, Ellwanger, Jacobs, et al., Sioux City, IA, for Defendant.

MEMORANDUM OPINION AND ODDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BENNETT, Chief Judge.

                             TABLE OF CONTENTS
  I. INTRODUCTION............................................................990
     A. Procedural Background................................................990
     B. Factual Background...................................................990
        1. Pertinent employment history......................................990
        2. Medical history...................................................993
 II. LEGAL ANALYSIS..........................................................994
     A. Standards for Summary Judgment.......................................994
     B. Conrad's FMLA Claim..................................................996
        1. Arguments of the parties..........................................996
        2. Did Conrad give acceptable notice of his need for leave under the
FMLA?.............................................................997
        3. Did Conrad have a "serious health condition" under the FMLA?.....1000
III. CONCLUSION.............................................................1003

I. INTRODUCTION

A. Procedural Background

On November 1, 2002, plaintiff Dean E. Conrad ("Conrad") filed a complaint in the Iowa District Court for Clay County, against his former employer, defendant Eaton Corporation ("Eaton"), seeking damages resulting from his termination in September, 2001. Conrad's complaint alleged four causes of action: (1) violation of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. ("ADA"); (2) violation of the Iowa Civil Rights Act, IOWA CODE § 216.1, et seq. ("ICRA"); (3) violation of the Family and Medical Leave Act, 29 U.S.C. § 2601, et seq. ("FMLA"); and (4) violation of Iowa public policy. On November 22, 2002, defendant Eaton effected removal of this action to this court. (Doc. No. 1). Also on November 22, 2002, defendant Eaton filed an answer with this court denying all of Conrad's claims and asserting several affirmative defenses. (Doc. No. 2).

On October 30, 2003, defendant Eaton filed a Motion for Summary Judgment as to all of Conrad's claims. (Doc. No.17). On December 19, 2003, plaintiff Conrad filed a resistance to the defendant's motion, as well as a statement of additional material facts. (Doc. No. 20). On December 30, 2003, the defendant filed a reply to the plaintiffs resistance as well as a response to the plaintiff's statement of additional material facts. (Doc. No. 21). On January 20, 2004, the parties filed a Stipulation of Dismissal, which dismissed without prejudice counts I, II, and IV of the complaint. (Doc. No. 22). Only the propriety of summary judgment as to count III, the plaintiff's claim under the FMLA, remains.

In this matter plaintiff Conrad is represented by David A. Scott of Cornwall Avery Bjornstad and Scott, in Spencer, Iowa. Defendant Eaton Corporation is represented by G. Ross Bridgman and Mark A. Knueve of Vorys, Sater, Seymour & Pease LLP in Columbus, Ohio, and Maurice B. Nieland and Rebecca A. Nelson of Rawlings, Neiland, Probasco, Killinger, Ellwanger, Jacobs & Mohrhauser, L.L.P., in Sioux City, Iowa. A jury trial on this matter is currently scheduled for March 29, 2004.

B. Factual Background

1. Pertinent employment history

Conrad was hired by Eaton Corporation to work at its Spencer, Iowa plant on February 1, 1994. Conrad admits that he was aware, from the time of his hire, of Eaton's policy against unlawful discrimination as well as it's policy prohibiting violence or threats of violence, in the workplace. Conrad worked in a variety of positions at Eaton. At some time prior to July 2001, Conrad retained an attorney in order to pursue a workers compensation claim — Conrad was having some pain in his elbows, and that pain allegedly originated while he was employed at Eaton. On July 27, 2001, an incident occurred. On this date, Conrad was working as a PVH testor at the Spencer, Iowa, plant. A PVH unit is described by the parties as a metal pump that weighs approximately 30 pounds. Testing required the placement of PVH units from a cart onto the table the tester is working at. Conrad's supervisor at the time was Al Sievertson, and his team leader was Scott Johnson. At some point on July 27, 2001, Scott Johnson was attracted to plaintiffs work station by a series of loud noises. At this point the plaintiffs and defendant's account of the incident diverge. The plaintiff recalls lifting the PVH units from the cart, over his head, and bringing them down upon his work table — and that ultimately one of the units fell off of his work table to the floor. Plaintiff contends that the slamming of the units onto the table was done out of frustration because all of the units he was testing that day were failing. Mr. Johnson's account of the event is quite different. Johnson contends that he was attracted to plaintiffs work station because plaintiff was banging loudly and screaming. Johnson also claims that as he approached Conrad to confront him on his actions, Conrad lifted a 30 pound PVH unit over his head in a threatening manner. According to Johnson, Conrad slammed the unit onto the table, and that unit then fell to the ground. Conrad admits (1) that he had no legitimate reason for lifting the pump over his head, and (2) that the pump was slippery and could have slipped out of his hands and resulted in a safety hazard. At this point the parties agree that Mr. Sievertson approached Conrad, grabbed his arm, and took him into Scott Swier's¹ office. Also present was Mr. Jim Soukup, the Manufacturing Manager. Due to his inappropriate behavior Conrad was asked to submit to a voluntary drug and alcohol test — which plaintiff did submit to. As discipline for his inappropriate behavior, Conrad was suspended for two days without pay pending the results of that test. Conrad was advised by Mr. Swier that he should immediately leave the building and not go back to work — Conrad explicitly disregarded this instruction and went back to his work station. Eventually, after a second confrontation with Mr. Sievertson, Conrad left the plant without further incident. Ultimately, the drug and alcohol tests came back negative.

Conrad returned to work on August 1, 2001. Immediately upon his arrival, Conrad met with Jim Soukup, Scott Swier and Scott Johnson to discuss his behavior on July 27, 2001. At this meeting Mr. Swier informed the plaintiff that the act of putting the PVH unit over his head could be perceived as threatening, and could be a violation of Eaton's policy prohibiting violent conduct. Conrad was also informed that his disregard of Swier's order not to go back to work was insubordination. Mr. Swier informed plaintiff that further incidents of insubordination and loss of temper would result in Conrad's termination. Conrad was presented with an Employee Counseling notice to sign which detailed his violations of company policy, as well as what was discussed at the meeting. Conrad initially did not want to sign the notice as he did not believe he had acted in a threatening manner. Swier informed plaintiff that his failure to sign the document could constitute grounds for termination. After some debate, Conrad signed the document. Conrad then reported to his supervisor, Mr. Sieverston. Eaton contends that Conrad then got into a heated argument with Mr. Sieverston regarding his behavior on July 27, 2001. Conrad disputes this anal asserts only that they had a discussion, but claims they did not argue. In any case, Conrad's behavioral volatility continued and he was sent home again on that very afternoon. When he arrived home Conrad contacted a psychiatrist, Dr. Paul Anderson of Spencer Psychiatry, through the Eaton Employee Assistance Program. Dr. Anderson met with Conrad that afternoon. At that time, Dr. Anderson wrote the following note on a prescription form for Conrad to deliver to Eaton: "No work until further notice!" Appendix to Defendant's Motion for Summary Judgment ("Def.'s App."), Doe. No. 17-3, at pg. 24.

On August 3, 2001, Scott Swier sent Conrad a letter which stated, in part: Based on the above circumstances, a decision regarding your future employment at Eaton Corporation will be postponed for 30 days, (or at such time as you are released to work, if less than 30 days). This will allow you the resources of the Eaton Benefit plan, including EAP, health and disability insurance to hopefully resolve the issues that have resulted in your inappropriate workplace behavior. You are encouraged to speak with our Occupational Health Nurse, Linda Casey, if you have questions regarding these benefits. (264-3292) The thirty day period will also allow you the opportunity to provide any additional relevant information pertaining to your continued employment, or conditions surrounding your continued employment.

As we discussed, I have serious concerns regarding your emotional stability and the potential you have displayed for intentionally injuring a co-worker, yourself, or Eaton property. Your ability to address these concerns in the next thirty days, and to provide assurances to Eaton Corporation that these concerns have been addressed, will be paramount in allowing you to return to work.

Def.'s App. at pg. 18-19. After receiving this letter, Conrad admittedly never contacted anyone at Eaton regarding his leave, though he did continue seeing Dr. Anderson.

A letter was subsequently sent...